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Petitioners' Appendix Received 2/22/2019 1:57:09 PM Supreme Court Eastern District Filed 2/22/2019 1:57:00 PM Supreme Court Eastern District 102 EM 2018 IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT Nos. 102 EM 2018 & 103 EM 2018 JERMONT COX and KEVIN MARINELLI, Petitioners, v. COMMONWEALTH OF PENNSYLVANIA, Respondent. PETITIONERS' APPENDIX Shawn Nolan, Esq, Timothy Kane, Esq. Stuart Lev, Esq. HELEN MARINO, First Assistant LEIGH SKIPPER, Federal Defender Federal Community Defender Office Suite 545 West, The Curtis Center 601 Walnut Street Philadelphia, PA 19106 215-928-0520 Counsel for Petitioners February 22, 2019 Petitioners' Appendix Table of Contents 001-019 Exhibit A: Pennsylvania Capital Case Reversals - By Year of Sentence (chronological list of final judicial grants of relief) 020-038 Exhibit A: Pennsylvania Capital Case Reversals - By Name (alphabetical list of final judicial grants of relief) 039 Exhibit B: Pennsylvania Capital Case Reversals (Non -Final) (list of non -final judicial grants of relief) 040-094 William Bradford, An Enquiry: How Far the Punishment of Death Is Necessary in Pennsylvania (1793), published in 12 Am. J. Legal Hist. 122 (1968) 095-102 15 Statutes at Large of Pennsylvania 174 (1794) 103-125 James Wilson, Lectures on Law, in Collected Works of James Wilson, V ols. 1 & 2 (Kermit L. Hall & Mark David Hall, eds., 2007) 126-128 Jack D. Marietta & G.S. Rowe, Troubled Experiment: Crime and Justice in Pennsylvania, 1682-1800 (2006) 129-135 Negley K. Teeters, The Cradle of the Penitentiary; the Walnut Street Jail at Philadelphia (1955) 136-140 Negley K. Teeters, Public Executions in Pennsylvania, 1682-1834, 64(2) J. Lanc. Cty. Hist. Soc. (1960) 141-144 Nat'l Council Crime & Delinq., Clemency in Pennsylvania (1973) 145-171 Roberts Vaux, Notices of the Original, and Successive Efforts, to Improve the Discipline of the Prison at Philadelphia and to Reform the Criminal Code of Pennsylvania (Phila. 1826) 172-174 Rebecca M. McLennan, The Crisis of Imprisonment (2008) 175-181 10 Statutes at Large of Pennsylvania 70 (1780) Petitioners' Appendix Table of Contents (continued) 182-192 12 Statutes at Large of Pennsylvania 280 (1786) 193-202 Negley K. Teeters, They Were in Prison (1937) 203-215 Negley K. Teeters, Citizen Concern and Action Over 175 Years, 42(1) Prison J. (Apr. 1962) 216-237 Michael Vinson, The Society for Political Inquiries: The Limits of Republican Discourse in Philadelphia on the Eve of the Constitutional Convention, 113 Pa. Mag. Hist. & Biography 185 (1989) 238-240 2 Statutes at Large of Pennsylvania 77 (1700) 241-249 13 Statutes at Large of Pennsylvania 243 (1789) 250-267 13 Statutes at Large of Pennsylvania 511 (1790) 268-285 J. Ullner & G. Zajac, Supplemental Tables, Crosstabs of race of defendant and then race of victim, by death penalty outcomes 286-288 J. Ullner & G. Zajac, Supplemental Tables, Logistic regression for "sentence0" outcome 289-334 Supreme Court of Pennsylvania and Third Judicial Circuit of the U.S., Report of the Joint Task Force on Death Penalty Litigation in Pennsylvania (July 1990) Pennsylvania Capital Case Reversals - By Year of Sentence Conviction (C) or Year of Year of Resentenced to County of Name sentencing (5) Decision of reversal Grounds for reversal SCOPA docket # offense sentence death? conviction reversal? Commonwealth v. Karabin, 521 Erroneous aggravating 1 Karabin, Nicholas 1979 1979 49 MD 1987 N Dauphin Pa. 543, 559 A.2d 19 (1989) circumstance Commonwealth v. Terry, 501 Pa. 2 Terry, Benjamin 1979 1979 State law evidentiary ruling 80-3-595 Y Montgomery 626, 462 A.2d 676 (1983) Frey v. Fulcomer, 132 F.3d 916 Mills v. Maryland, 486 U.S. 3 Frey, Roderick 1979 1980 5 N Lancaster (3d Cir. 1997) 367 (1988) Caldwell v. Mississippi, 472 Commonwealth v. Baker, 511 Pa. U.S. 320 (1985) and 4 Baker, Lawrence 1979 1981 5 62 ED 1983 N Philadelphia 1, 511 A.2d 777 (1986) improper prosecutorial argument Lesko v. Lehman, 925 F.2d 1527 Improper prosecutorial 5 Lesko, John 1980 1981 5 37 WD 1982 Y Westmoreland (3d Cir. 1991) argument Order, Commonwealth v. Moran, 6 Moran, Willard 1980 1981 C No. CP-51-CR-3091-1981 (Phila. IAC guilt phase 141 ED 1991 N Philadelphia C.P. Jan. 25, 1999) Commonwealth v. Smith, 502 Pa. IAC guilt phase (failure to 7 Smith, Donald 1980 1981 9 WD 1983 N Fayette 600, 467 A.2d 1120 (1983) impeach witness) Szuchon v. Lehman, 273 F.3d 299 Witherspoon v. Illinois, 391 8 Szuchon, Joseph 1981 1981 5 137 CAP N Erie (3d Cir. 2001) U.S. 510 (1968) Order, Travaglia v. Morgan, No. Erroneous aggravating 9 Travaglia, Michael 1980 1981 5 2:90-cv-1469 (W.D. Pa. Nov. 7, 42 CAP Y Westmoreland circumstance 1996) Commonwealth v. Wallace, 500 Brady v. Maryland, 373 20 & 50 WD 10 Wallace, William 1979 1981 Y Washington Pa. 270, 455 A.2d 1187 (1983) U.S. 83 (1963) 1982 Commonwealth v. Aulisio, 514 Pa. Erroneous aggravating 11 Aulisio, Joseph 1981 1982 5 105 ED 1984 N Lackawanna 84, 522 A.2d 1075 (1987) circumstance Commonwealth v. Clayton, 506 12 Clayton, Willie 1980 1982 State law evidentiary ruling 46 ED 1983 Y Philadelphia Pa. 24, 483 A.2d 1345 (1984) Cross v. Price, No. 95-cv-614, IAC penalty phase (failure 13 Cross, Charles 1981 1982 5 2005 WL 2106559 (W.D. Pa. Aug. to object to erroneous 179 CAP N Beaver 30, 2005) instruction) Commonwealth v. Floyd, 506 Pa. Improper prosecutorial 14 Floyd, Calvin 1980 1982 91 ED 1982 N Philadelphia 85, 484 A.2d 365 (1984) argument Commonwealth v. Goins, 508 Pa. Erroneous aggravating 15 Goins, George 1981 1982 5 30 ED 1984 N Philadelphia 270, 495 A.2d 527 (1985) circumstance Commonwealth v. Green, 525 Pa. 16 Green, William 1982 1982 5 State law evidentiary ruling 41 ED 1987 N Philadelphia 424, 581 A.2d 544 (1990) Commonwealth v. Hall, 523 Pa. Improper prosecutorial 17 Hall, Donald 1981 1982 5 97 ED 1987 Y Philadelphia 75, 565 A.2d 144 (1989) argument PA001 Pennsylvania Capital Case Reversals - By Year of Sentence Conviction (C) or Year of Year of Resentenced to County of Name sentencing (5) Decision of reversal Grounds for reversal SCOPA docket # offense sentence death? conviction reversal? Commonwealth v. Jones, 520 Pa. 18 Jones, Thomas 1982 1982 S IAC penalty phase 29 ED 1983 N Philadelphia 68, 550 A.2d 536 (1988) Confrontation clause violation, prosecutorial misconduct , IAC guilt and Peterkin v. Horn, 176 F. Supp. 2d 19 Peterkin, Otis 1981 1982 C + S sentencing phase, 165 CAP N Philadelphia 342 (E.D. Pa. 2001) erroneous aggravating circumstance, and Mills v. Maryland Pursell v. Horn, 187 F. Supp. 2d IAC penalty phase and 20 Pursell, Alan 1981 1982 S 277 CAP N Erie 260 (W.D. Pa. Feb. 1, 2002) instructional error Order, Commonwealth v. Atkins v. Virginia, 536 U.S. 21 Whitney, Raymond 1981 1982 S Whitney, No. CP-51-CR-1114161- 333 CAP N Philadelphia 304 (2002) 1981 (Phila. C.P. Jan. 16, 2008) Abu-Jamal v. Sec'y, Pa. Dept of 22 Abu-Jamal, Mumia 1981 1983 S Mills v. Maryland 119 CAP N Philadelphia Corr., 643 F.3d 370 (3d Cir. 2011) Albrecht v. Beard, 636 F. Supp. 2d 23 Albrecht, Alfred 1980 1983 S IAC appellate counsel 138 CAP N Bucks 468 (E.D. Pa. July 14, 2009) Improper prosecutorial Commonwealth v. Bricker, 506 24 Bricker, Robert 1979 1983 C argument and IAC guilt 38 WD 1983 Y Allegheny Pa. 571, 487 A.2d 346 (1985) phase Buehl v. Vaughn, 166 F.3d 163 25 Buehl, Roger 1982 1983 S IAC penalty phase 63 CAP N Montgomery (3d Cir. 1999) Ake v. Oklahoma, 470 U.S. Christy v. Horn, 28 F. Supp. 2d 68 (1985), IAC sentencing 26 Christy, Lawrence 1980 1983 C + S 48 CAP N Cambria 307 (W.D. Pa. 1998) phase, and improper prosecutorial argument Order, Commonwealth v. 27 D'Amato, Joseph 1981 1983 S D'Amato, No. CP-51-CR-1219941- Stipulated 332 CAP N Philadelphia 1981 (Phila. C.P. June 13, 2013) IAC penalty phase (failure Commonwealth v. DeHart, 539 28 DeHart, Robert 1983 1983 S to object to erroneous 6 CAP N Huntingdon Pa. 5, 650 A.2d 38 (1994) verdict slip) Commonwealth v. Frederick, 508 Erroneous aggravating 29 Frederick, Edward Lee 1982 1983 85 WD 1983 N McKean Pa. 527, 498 A.2d 1322 (1985) circumstance PAOO2 Pennsylvania Capital Case Reversals - By Year of Sentence Conviction (C) or Year of Year of Resentenced to County of Name sentencing (5) Decision of reversal Grounds for reversal SCOPA docket # offense sentence death? conviction reversal? Order, Commonwealth v. Hughes, Roper v. Simmons, 543 U.S. 30 Hughes, Kevin 1979 1983 S No. CP-51-CR-116881-1980 (Phila. 313 CAP N Philadelphia 551 (2004) C.P. Mar. 21, 2005) IAC penalty phase (failure Commonwealth v. Morales, 549 31 Morales, Salvador 1982 1983 5 to object to prosecutorial 84 CAP N Philadelphia Pa. 400, 701 A.2d 516 (1997) misconduct) Commonwealth v. Pirela, 593 Pa. 32 Pirela, Simon 1981 1983 5 Atkins v. Virginia 448 CAP N Philadelphia 312, 929 A.2d 629 (2007) Commonwealth v. Sims, 513 Pa. Confrontation clause 33 Sims, Bobby 1980 1983 C 52 ED 1984 N Philadelphia 366, 521 A.2d 391 (1987) violation Commonwealth v. Wheeler, 518 34 Wheeler, Ronald 1982 1983 S State law evidentiary ruling 98 ED 1985 N Bucks Pa. 103, 541 A.2d 730 (1988) Commonwealth v. Yarris, No. CP- 35 Yarris, Nicholas 1981 1983 C 23-690-1982 (Del. C.P. Sept. 3, Innocence 232 CAP N Delaware 2003) IAC guilt phase (failure to Baker v.
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